Draconian laws: NGOs 'ignored', PM reminded of GE pledge

An activist has accused the government of sidelining NGOs and stakeholders in discussions on the future of draconian laws, including proposed amendments to the Peaceful Assembly Act 2012, which are set to be tabled in the latest Parliament sitting.

Mandiri executive director Amir Hariri Abd Hadi lamented that the government held no discussions with stakeholders, noting that when Pakatan Harapan came to power in 2018, a technical committee was established to discuss the fate of these laws. 

“Our friends in the government knew how the Peaceful Assembly Act came about, which is to ensure the people get to exercise their rights to hold peaceful assemblies, as per Article 10 of the Federal Constitution,” he told reporters in Kuala Lumpur.

Amir (above) added that if the law no longer reflects its original intent, it must be amended with proper consultation and engagement with civil society.

Earlier, the Magistrate’s Court in Kuala Lumpur fixed this Friday to decide on whether Amir would be acquitted or given a discharge not amounting to an acquittal (DNAA) over the charge of failing to notify the authorities about a littoral combat ship (LCS) protest in 2022.

Speaking outside of court, Amir also reminded Prime Minister Anwar Ibrahim and Pakatan Harapan leaders of their “promise” in the 15th general election manifesto, which is to repeal draconian legislation such as the Sedition Act and amend the Peaceful Assembly Act. 

“We have also sent a memorandum to the government recently, demanding they materialise their promises in their manifesto,” he added.

Also present with Amir was Mandiri director Wong Kueng Hui, along with Amnesty International Malaysia’s research and advocacy officer Nicole Fong.

No meaningful progress

Fong said that civil society is seeking meaningful consultation with the government, particularly regarding amendments to the Peaceful Assembly Act.

“The government has not contacted us for any consultation for the Act, nor on review of other acts such as the Sedition Act or the Printing Presses and Publication Acts 1984.

“We have long called for all these laws that have been known to stifle freedom of expression to be reviewed, reformed or abolished, but there is still no meaningful progress on this,” she added.

On July 1, the Federal Court ruled that Section 9(5) of the Peaceful Assembly Act - which criminalised organisers for failing to notify authorities five days before a peaceful gathering - was unconstitutional and invalid.

In response, Home Minister Saifuddin Nasution Ismail announced that the government would table an amendment to Section 11 of the Act, which requires organisers to obtain consent from venue owners or occupiers for a gathering, during the ongoing Parliament sitting.

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